investor-state disputes | ISDS
Investor-state dispute settlement (ISDS) refers to a way of handling conflicts under international investment agreements whereby companies from one party are allowed to sue the government of another party. This means they can file a complaint and seek compensation for damages. Many BITs and investment chapters of FTAs allow for this if the investor’s expectation of a profit has been negatively affected by some action that the host government took, such as changing a policy. The dispute is normally handled not in a public court but through a private abritration panel. The usual venues where these proceedings take place are the International Centre for Settlement of Investment Disputes (World Bank), the International Chamber of Commerce, the United Nations Commission on International Trade Law or the International Court of Justice.
ISDS is a hot topic right now because it is being challenged very strongly by concerned citizens in the context of the EU-US TTIP negotiations, the TransPacific Partnership talks and the CETA deal between Canada and the EU.
The arbitral award has condoned the tax avoidance scheme adopted by Cairn Energy.
The AfCFTA Secretariat has established a dispute settlement body, that will function as a full-court with the right mechanisms and structures in place to settle trade disputes.
The perverse interplay of BITs with double taxation avoidance agreements has been bleeding India from the much-needed tax revenues.
The dispute is about the assets it lost in Crimea, including the Donuzlav wind farm, which is now located in the temporarily occupied territory.
Finley Resources alleges Mexico violated investor protections under the NAFTA trade pact by failing to honor agreements.
The shadowy parallel court system of major trade agreements makes it difficult for countries to ban broad-spectrum insecticides.
The government of Turkmenistan has won $500 million claim brought before the International Centre for Settlement of Investment Disputes by a Turkish construction company.
The inaugural meeting of the dispute settlement body of the AfCFTA signals the readiness of this infrastructure to take up any disputes that may arise in the course of trading amongst the member States.
US commodity trader Gerald Group will pay Sierra Leone $20 million and cede a 10% stake in an iron ore project as part of the resolution to a nearly two-year dispute that led to the shutdown of production.
America Movil said the World Bank’s ICSID tribunal has ruled against the company in its dispute with Colombia and ordered it to pay $2.2 million to cover the costs of the case.
The European Union and India agreed to resume stalled free-trade negotiations and seek closer cooperation to combat climate change at a virtual summit on Saturday.
The international economic law regime has stripped India of over $3.8 billion in taxes due by Vodafone and Cairn Energy, as the country is battling the Covid19 crisis.
Pakistan, which entered into its first BIT with Germany in 1959 — which also was the first BIT ever entered — has concluded 53 BITs with 48 countries.
A Canadian mining company is suing Turkey for $1 billion at a secretive arbitration court over the cancellation of a mine project that was deemed disastrous for the environment.
Pakistan is the latest to start withdrawing from international treaties that give corporations the power to sue governments over environmental and public interest regulations.
It’s time to reconsider investor-state dispute settlement; inaction risks rising costs of shifting from fossil fuels to green alternatives.
Miner Alamos Gold said its Netherlands units will file an investment treaty claim exceeding $1 billion against Turkey for "unfair and inequitable treatment" with its gold mining project.
One of the most significant early proposals for a multilateral agreement to protect private foreign investment was launched in 1957 by groups of European business people, and lawyers.
German energy company Uniper has confirmed its intention to sue the Dutch government over the country’s planned coal phase-out.